People choose to get married in court for a variety of reasons. This is a neutral location to get married because some people might prefer not to spend money on a lavish Indian wedding, some may practice various religions, and some people may be married against the desires of their families. The court marriage witnesses assist in securing the marriage.

An interfaith couple petitioned the Delhi High Court in October 2020 to have a provision in the Special Marriage Act of 1954, removed. The marriage officer must first publish a 30-day notice on the internet before registering an interfaith marriage in accordance with this Act. The pair has argued that these notices can cause interfaith couples to face life threats. They claim that this practice is biased and is designed to prevent interfaith unions like their own.

Required Witnesses for Court Marriage 

• In any instance, three court marriage witnesses are required for a marriage to be solemnized in the marriage registrar’s office. These may be members of the family, friends of the family, friends, or even co-workers. 
• If three witnesses are present throughout the exchange of vows and when the couple signs the marriage license, they can proceed with their marriage despite their parents’ objections as long as the groom and bride are both at least the legal age of 21 and 18, respectively.

Court Marriage Witness’s Function during the Process

• Inter-religious unions are permitted by the Special Marriage Act according to personal laws. The witness enters the picture once the couple submits a notice of intended marriage in the necessary format to the district’s registrar of marriage, proclaiming their desire to marry. 
• A minimum of one party to the marriage must have been a resident for at least 30 days prior to the day on which such a notice is given. 
• The court examines each document to see whether the parties are legitimately qualified to marry under the law. 
• After that, a notice requesting objections is published or posted. This has a 30-day time frame.
• Once there has been no opposition to the marriage, the witness enters the scene, and the bride and groom are at the wedding registry office to sign a statement recognizing each other as their respective lawfully married husband and wife. 
• The declaration needs to be signed in the presence of the registrar as well as the three witnesses, and the marriage registrar must also countersign it.
• Along with simply observing the operation, the witness needs to sign the paperwork, produce proof of identity, including their PAN card, and show proof of residency. 
• The registrar will insert the details in the certificate of the marriage registration record when the bride, the groom, the witnesses, and the registrar have all signed the declaration. 
• Then, as exclusive evidence of the solemnization of the marriage, he or she will issue a certificate of marriage.

The Implications

• It’s acceptable if the bride and groom are of legal age and have never been married. There won’t be any legal problems if a court witnesses a marriage. 
• However, the witness can be required to appear in court if the bride or groom is both considered minors by the law and haven’t divorced legally from their previous marriages, or if a vengeful relative of either spouse files a lawsuit.
• In reality, the other pair, who are of legal age, as well as the witnesses, may be charged with a crime if one of the two couples is a juvenile. 
• Basically, if any requirements have been violated by any one side, the witness in a judicial marriage may suffer legal ramifications.
• The marriage witness may also be issued a summons by the court following an application by the parties if the marital status itself becomes disputed at a later time and if one of the couples wants to prove the fact of marriage.

You will need a lawyer to perform your court marriage procedure smoothly. If you need the help of lawyers to perform your court marriage procedure in Gurgaon, then Court Marriage lawyers in Gurgaon can be hired, and if you need the help of lawyers to perform your court marriage procedure in Noida, then Court marriage lawyers in Noida can be hired. Similarly, Court Marriage lawyers in Delhi can be employed if you need the help of lawyers to perform your court marriage procedure in Delhi.

At Lead India Law, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers for consultation at Lead India.